Skip links

Six-Year Prison Sentence in Absentia for Former Minister Slim Ben Hmidan in the Tunisian-French Bank Case

Tunis, May 26, 2025 – The Criminal Chamber specializing in financial corruption cases at the Tunis Court of First Instance issued a six-year prison sentence in absentia on Monday, May 26, with immediate effect against former Minister of State Property Slim Ben Hmidan, along with expatriate Tunisian businessman Abdelmajid Bouden. The sentence was issued in absentia in a case related to the Tunisian-French Bank (BFT) case, one of the oldest financial disputes between the Tunisian state and Tunisian investors abroad.

The court also ruled:

  • Six years in prison in absentia against a former advisor to the Ministry of State Property,
  • Three years in prison against a former public official in charge of state disputes,
  • In addition, fines were imposed against the defendants who were released on bail.

Background to the Case: International Arbitration Turned into a Domestic Corruption Case

The case stems from a dispute between the Tunisian state and ABCI, a company owned by businessman Abdelmajid Bouden, dating back to 1982, regarding the ownership of shares in the Tunisian-French Bank. International arbitration concluded in November 2021 that the Tunisian state was responsible for this dispute, following decades of obstruction and administrative refusal to implement the terms of previous agreements.

The Public Prosecution accuses Slim Ben Hmidan, in his capacity as Minister of State Property (2012–2013), of “administrative misconduct” and “contributing to the conclusion of an agreement that is harmful to the interests of the state” by overseeing a settlement process that did not meet the legal requirements. He was also accused of granting unjustified privileges to the investing party without consulting the Prime Minister or respecting proper judicial procedures.

Investigation documents indicate that the agreement, signed on August 31, 2012, included concessions by the Tunisian state of strategic shares in the bank without clear guarantees. The court deemed this a “waiver of the state’s rights,” especially after the revelation that advisors and administrative officials played a role in ratifying the agreement without official authorization.

The Freedom for Tunisia Observatory believes that the ruling against Slim Ben Hmidan comes within a broader political context in which the judiciary is being used to settle scores with former officials in post-revolutionary governments, particularly those affiliated with the ruling coalition during the “Troika” era.

The Observatory notes that the trial was conducted in absentia, without the defendant being able to defend himself. The political nature of the case is clear, especially given the lack of accountability for other ministers involved in the same dispute during subsequent stages, which undermines the principle of equality before the law.

The Observatory also believes that such cases are used to send political messages against the post-revolution transitional process and to reinforce an official narrative that holds everyone who participated in the post-revolutionary governments responsible for the collapse of the state or the squandering of public funds, in complete disregard of the complexities of the transitional and institutional context at the time.

The Freedom for Tunisia Observatory calls for:

  • A comprehensive and impartial investigation into the Tunisian-French Bank case, with the publication of all documents related to international arbitration and agreements signed on behalf of the state.
  • Allowing Slim Ben Hmidan to exercise his right to a fair trial in person that respects the conditions of defense and procedures.
  • Ending the use of corruption charges as a tool to eliminate former dissidents or distort the post-revolutionary experience.

The Observatory emphasizes that justice is not based on selectivity or in-absentia convictions, but rather on comprehensive and transparent accountability that holds all officials accountable without exception or political discrimination.

Share

More Posts

Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.